BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23/12/2008 CORAM THE HONOURABLE MR.JUSTICE G.RAJASURIA W.P(MD)No.12228 of 2008 and M.P.(MD) No.1 of 2008 K.S.Sheik Abdul Cader . . . Petitioner Vs. 1.The Chairman, Tamil Nadu Wakf Board, Chennai. 2.The Chief Executive Officer, Tamil Nadu Wakf Board, No.1, Jaffer Syrang Street, Vallal Seethakkathi Nagar, Chennai. 3.Wakf Superintendent, No.54, Highway (II Floor), Tirunelveli. 4.The Inspector of Wakf, No.21, Suresh Building, W.G.C. Road, Opp. to Telegraph Office, Tuticorin. 5.The Adhoc Committee, Al Jamiul Azhar Jumma Mosque, Kayalpattinam, Tiruchendur Taluk, Tuticorin District. . . . Respondents PRAYER Writ petition filed under Article 226 of the Constitution of India, praying to issue a writ of mandamus, directing the respondents 1 to 4 herein to conduct free, fair, transparent and democratic form of election to the Executive Committee of the Al Jamiul Azhar Jumma Mosque, Kayalpattinam, Tiruchendur Taluk, Tuticorin District in accordance with the provisions of Wakf Act. !For Petitioner ... Mr.Veerakathiravan ^For Respondents 1 to 4 ... Mr.M.Ajmalkhan :ORDER
This writ petition has been filed to direct the respondents 1 to 4 herein
to conduct free, fair, transparent and democratic form of election to the
Executive Committee of the Al Jamiul Azhar Jumma Mosque, Kayalpattinam,
Tiruchendur Taluk, Tuticorin District in accordance with the provisions of Wakf
Act.
2. Heard the learned counsel for the petitioner and also Mr.M.Ajmalkhan,
learned counsel who took notice on behalf of the respondents 1 to 4. No notice
to R5 is necessary in view of the order going to be passed hereunder.
3. Drawing the attention of this Court to the earlier order passed by this
Court in W.P.(MD) No.9947 of 2008 dated 06.11.2008, the learned counsel for the
petitioner would develop his arguments to the effect that now finalisation of
the voter list is going on and in the meanwhile the petitioner apprehends that
there may be some unfairness in conducting the election. Hence this writ
petition.
4. The learned counsel for the respondents 1 to 4 would submit that
absolutely there will be free and fair elections and there could be no doubt
about it.
5. Recording the said submission of the learned counsel for the
respondents 1 to 4 the following direction is issued:
Respondents 1 to 4 shall see to it that there shall be free and fair
elections without giving any room for any suspicion.
6. With the above direction, this Writ Petition is disposed of. No costs.
Consequently, connected Miscellaneous Petition is closed.
sj
To
1.The Chairman,
Tamil Nadu Wakf Board,
Chennai.
2.The Chief Executive Officer,
Tamil Nadu Wakf Board,
No.1, Jaffer Syrang Street,
Vallal Seethakkathi Nagar,
Chennai.
3.Wakf Superintendent,
No.54, Highway (II Floor),
Tirunelveli.
4.The Inspector of Wakf,
No.21, Suresh Building,
W.G.C. Road,
Opp. to Telegraph Office,
Tuticorin.